ADB_book_18 April.qxp - Himalayan Document Centre - icimod

The Council provides guidance on theformulation of environmental policies, their legalframework, procedures, and policy implementation.It provides guidance on the management of naturaland physical resources and coordinates environmentalactivities among the relevant nationalagencies, taking into account the EIA of projectdevelopments, dissemination of information on theenvironment, and promoting environmentalawareness and education.JudiciaryThe judiciary is the guardian of the constitutional andlegal system of a country. It is responsible for theprotection of constitutional and legal rights. Most ofthe legal norms related to sustainable developmentconcern people’s basic rights like the right todevelopment, right to information on the exploitationof natural resources, right to a healthy environment,right to participate in decision making, right to a fairand equitable share of the fruits of development, andso on. When the judiciary plays an effective role toprotect these rights, it leads towards achievingsustainable development (HMG 1990).Nepal has a pyramid judicial structure, with asingle Supreme Court at the apex, 11 AppellateCourts, and 75 District Courts. Under the Constitution,the King at the recommendation of the JudicialCouncil appoints Supreme Court judges, a bodycomposed of senior judicial officers. Supreme Courtjudges can only be removed on the stated groundspursuant to a determination by a two-thirds majorityof a sitting House of Representatives. The Judicialcouncil may remove lower court judges from officefollowing a recommendation to that effect. The Actalso provides for independence of the judiciary.The Judiciary has promoted the developmentand enforcement of legal norms in the field ofsustainable development by exercising its powersunder Part 11 of the Constitution and by theprovisions of other Acts and Regulations adopted bythe Government from time to time (HMG 1990).Article 88 (2) of the Constitution has conferred suchpowers to the judiciary, which are extremelyimportant for the enforcement of legal norms relatedwith sustainable development.National Planning Commission (NPC)Chaired by the prime minister, the NPC is anautonomous government body charged withformulating all national and sectoral policies, anddevelopment of periodic plans, as well as short-termand long-term plans and programs. The Governmentappoints the members of the NPC, including the vicechairman.It has an environment division headed byone of its members responsible for policy planning,Chapter 9: Environmental Governanceprogramming, budgeting, monitoring, and review ofall environment-related activities in the country.Ministry of Environment, Science andTechnology (MOEST)MOEST was established as a new Ministry mandatedto carry out environmental activities early in 2005following dissolution of the Ministry of Populationand Environment (MOPE). After the establishment ofMOEST, the environment division of MOPE wasmoved to this Ministry.MOPE had been created in September 1995 toact as the focal point for the interrelated areas ofpopulation and environment. Its main responsibilitiesincluded (i) formulation and implementation ofpolicies, plans, and programs; (ii) preparation of acts,regulations, and guidelines; (iii) undertaking surveysand research studies; (iv) dissemination of information;(v) monitoring and evaluating programs; and(vi) human resources development for theenvironment sector.MOPE’s scope of work included two broadcategories of activities: primary and supportive.Primary functions included activities executed on theinitiative of the ministry in cooperation with otheragencies. Cooperation and assistance extended toother ministries and agencies in executing their ownprograms and activities are the supportive functions.With the environment division now moved toMOEST, MOEST has taken over all the environmentalfunctions of MOPE.Ministry of Forest and Soil Conservation(MOFSC)The MOFSC is responsible for formulating andimplementing plans, policies, laws, and programs forthe conservation of forest resources and theirmanagement; as well as for administering andmonitoring their implementation. The ministry alsoprepares guidelines and manuals for forestrydevelopment, conservation and protection ofbiodiversity and wildlife, soil conservation,watershed management, and protected areas.MOFSC operates through five central departmentsand a research center.(i)(ii)(iii)The Department of Forest administers theforests and rangelands throughout thecountry, which account for about 47% of thetotal area of Nepal;The Department of Plant Resources isresponsible for botanical research on forestspecies and their promotion;The Forest Products Department Boardpromotes the economic and sustainableutilization of wood, medicinal and aromatic129